Title
Temporary resident visas for aliens married to Filipinos
Law
Cid Law Instructions No. 33
Decision Date
Jun 8, 1988
Temporary resident visas are granted to foreign spouses and unmarried children under twenty-one of Philippine citizens, allowing them to reside in the country for an initial probationary period of one year, with the possibility of renewal, while ensuring compliance with immigration regulations and background checks.
temporary resident
visa
immigration law

Constitutional and statutory basis

  • Article 2, Section 12 of the 1987 Constitution directs the State to recognize the sanctity of family life and to protect and strengthen the family as a basic autonomous social institution.
  • Immigration Act, Section 13(a) provides that, under conditions set forth in the Act, there may be admitted “quota immigrants” subject to a numerical limitation, and identifies “non quota immigrants” admitted without regard to numerical limitations.
  • Immigration Act, Section 13(a) specifically classifies as non-quota immigrants the wife or the husband or the unmarried child under twenty-one years of age of a Philippine citizen, if accompanying or following to join the Philippine citizen.
  • The instructions establish that temporary resident visas (TRVs) are used to give effect to family-life protections while respecting reciprocity and national security.

TRV rule for non-reciprocal and restricted nationals

  • A national of a country that does not reciprocally grant permanent residence and immigration privileges to Filipinos, and a national of a country that is classified as restricted, who is the wife or the husband or the unmarried child under twenty-one years of age of a Philippine citizen (accompanying or following to join) shall be granted a temporary resident visa (TRV).
  • The TRV is valid for an initial probationary period of one (1) year.
  • The TRV is renewable thereafter for periods not exceeding three (3) years at one time.

Application requirements and documents

  • An application for a temporary resident visa (TRV) filed by a Philippine citizen on behalf of his or her spouse or unmarried child under twenty-one years of age must establish the same facts and be supported by the same documents required for an immigrant visa under Immigration Act, Section 13(a).
  • The required immigrant visa documentation is tied to Law Instructions No. 13 (dated 28 February 1988), paragraph 2, and Immigration Regulations Instructions No. 21 (dated 13 April 1988), including requirements related to the AIDS Clearance Certificate.
  • In addition to the immigrant-visa documents, the TRV application must include:
    • Clearance from the central government agency of the applicant’s country or place of residence, competent to give information about any criminal record, duly authenticated by the Philippine Embassy or Consulate in or closest to the applicant’s country.
    • NBI Clearance.
    • CID Intelligence Clearance, required in lieu of the NICA Clearance required under Law Instructions No. 13, paragraph 2.

Processing procedure and board action

  • The procedure for processing a TRV application is identical to the procedure in Law Instructions No. 26 (dated 18 May 1988), paragraphs 2 to 7.
  • If the Board of Commissioners finds that the application complies with Immigration Act, Section 13(a) and that the applicant has established the facts entitling authorization, the Board shall grant the application.
  • The Commissioner shall inform the applicant of the grant.
  • The Board of Commissioners meets on the second and fourth Mondays of each month to deliberate TRV applications.
  • Applications that have been duly heard by the BSI and for which BSI has issued recommendations shall be calendared for the immediately succeeding board meetings.
  • If the Board’s decision is adverse, the applicant may file a motion for reconsideration within five (5) days from notice of the decision.

Probationary period, investigation, permits

  • The initial one (1) year TRV period is probationary.
  • During probation, the Filipino citizen and the alien spouse and unmarried children below twenty-one years are subjected to background investigation to ascertain that the marriage is real and not fictitious.
  • During the one (1) year probationary period, the alien spouse may be granted, upon request, a special work permit.
  • During the one (1) year probationary period, unmarried children below twenty-one years may be granted, upon request of their parents, special study permits.

Extensions and documentary support

  • An application for extension must be filed with the Board of Special Inquiry at least one (1) month before the expiration of the authorized stay.
  • The extension application must set forth facts showing that the basis for the original grant continues to exist.
  • Extension applications must be supported by:
    • an application form completely filled-up and signed by the Filipino citizen and his alien spouse;
    • a joint affidavit of financial capacity to support executed by the applicant and the alien spouse, with supporting documents such as income tax return, land titles, contract of employment, salaries, pensions, and other similar documents;
    • birth certificate(s) of children born subsequent to the approval of the initial one (1) year period or any extensions;
    • CID Intelligence Clearance;
    • NBI Clearance;
    • such other documents deemed necessary and material to an adequate evaluation.
  • The signature requirement on the application form is not required when:
    • the Filipino spouse is dead, evidenced by the appropriate death certificate; or
    • one of the spouses is temporarily absent from the Philippines, evidenced by the appropriate duplicate Special Return Certificate (SRC) and Emmigration Clearance Certificate (ECC).
  • The BSI shall observe the procedure in Law Instructions No. 26 (dated 18 May 1988), paragraph 2 to 7, for disposition of extension applications.
  • The Board of Commissioners shall observe the procedures in paragraphs 8 and 9 for disposition of extension applications.
  • No extension of a TRV shall be granted at one time for more than three (3) years, subject to periodic renewal of not more than three (3) years at one time.

Revocation grounds during probation and extensions

  • The Board of Commissioners may revoke a TRV at any time during the initial one (1) year probationary period or during any subsequent extensions if any of the following causes occur:
    • subsequent discovery that any document presented in support of the application were spurious;
    • subsequent discovery that the marriage is fictitious or simulated;
    • subsequent discovery that the marriage is void for lack of legal capacity;
    • commission by the alien of any act constituting a ground for deportation under Section 37; or
    • conviction by the alien of the offenses defined in Section 45.

Fees, required certificates, and taxes

  • The person granted the TRV must secure the listed documents and pay the listed fees.

  • Upon approval of the initial one (1) year probationary period, the following apply:

    • Alien Certificate of Registration (ACR): PHP 210.00 for an alien 14 years or over.
    • ACR: PHP 260.00 for an alien below 14 years.
    • ACR booklet: PHP 30.00.
    • Alien head tax: PHP 5.25 for an alien 16 years of age or over, upon each arrival.
    • Certificate of Residence (Temporary Visitor) (CRTV): PHP 410.00.
    • Passport visa fee: PHP 210.00.
    • Change of status fee: PHP 310.00.
    • Emmigration Clearance Certificate (ECC): PHP 260.00 before each departure.
    • Certificate of Exemption (CE): PHP 60.00.
    • CE: PHP 60.00 for an alien below 14 years, before each departure.
    • Special Return Certificate (SRC): PHP 260.00, before each departure.

  • Upon approval of each extension (not to exceed three (3) years at one time), the following apply:

    • Annual Report fee: PHP 110.00, to be paid each year.
    • Extension fee: PHP 1,210.00, for the extended period, not to exceed three (3) years.
    • Emmigration Clearance Certificate (ECC): PHP 260.00, before each departure.
    • Certificate of Exemption (CE): PHP 60.00.
    • CE: PHP 60.00 for an alien below 14 years, before each departure.
    • Special Return Certificate (SRC): PHP 260.00, before each departure.

Implementation references and related instructions

  • The TRV application and extension processing procedures are tied to Law Instructions No. 26 (dated 18 May 1988), paragraphs 2 to 7.
  • The TRV application’s foundational immigrant-visa documentation requirements are tied to Law Instructions No. 13 (dated 28 February 1988), paragraph 2, including requirements relating to the AIDS Clearance Certificate under Immigration Regulations Instructions No. 21 (dated 13 April 1988).
  • The instructions require CID Intelligence Clearance in lieu of NICA Clearance referenced in Law Instructions No. 13, paragraph 2.

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